HomeMy WebLinkAbout2001-02-27•
MINUTES
Huntington Beach Planning Commission
Tuesday, February 27, 2001
Huntington Beach Civic Center
2000 Main Street, Huntington Beach, California 92648
Study Session
Room B-8
5:15 P.M.
PLANNING DEPARTMENT INTRODUCTIONS — Herb Fauland
CODE ENFORCEMENT STATUS REPORT — Mike Strange
FUTURE STUDY SESSION ITEMS — Herb Fauland
AGENDA REVIEW — Herb Fauland
MAJOR PROJECTS UPDATE — Herb Fauland
PUBLIC COMMENTS
None.
Regular Meeting
City Council Chambers
7:00 p.m.
PLEDGE OF ALLEGIANCE
A P P P P P P
ROLL CALL: Hardy, Kerins, Shomaker, Man dic, Livengood, Kokal, Speaker
AGENDA APPROVAL
A. ORAL COMMUNICATIONS
• None.
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B. PUBLIC HEARING ITEMS
B-1. CONDITIONAL USE PERMIT NO.00-68 / VARIANCE NO 00 17 (CONTINUED FROM
1/23/01): Applicant: Jim Forgey Property Owner. Dr. Steve Minnick Request: CUP:
a) Construct a service station with a 2,045 sq. ft. convenience market and a
freestanding gas pump canopy, four (4) dual -fuel gas pumps, two (2) gasoline storage
tanks and associated site improvements on a 22,500 sq. ft. lot; b) Permit the sale of
alcoholic beverages (beer and wine) for off -site consumption. VAR: a) Provide a six
(6) ft. wide in lieu of a ten (10) ft. wide landscape planter area along the front and
exterior side property line (Goldenwest Street and Warner Avenue); b) Construct the
convenience market and trash enclosure with a zero (0) ft. in lieu of a three (3) ft.
interior side yard landscaped setback; c) Provide a six -hundred (600) sq. ft. landscaped
area at the northeast comer of the parcel (adjacent to the Goldenwest Street and
Warner Avenue intersection) with a six (6) ft. in lieu of a twenty (20) ft. minimum planter
width. Location: 6972 Warner Avenue (SWC of Warner Avenue and Goldenwest
Street) Protect Planner: Amy Wolfe
Conditional Use Permit No. 00-58 request:
- Demolish the existing service station facility and construct a new service station
with a 2,045 sq. ft. convenience market and a freestanding gas pump canopy,
four (4) dual -fuel gas pumps, two (2) gasoline storage tanks and associated site
improvements on a 22,500 sq. ft. lot.
- Permit the sale of alcoholic beverages (beer and wine) for off -site consumption.
Variance No. 00-17 request:
Provide a six (6) ft. wide in lieu of a ten (10) ft. wide landscape planter area
along the front and exterior side property line (Goldenwest St.- and .Wamer Ave.)
- Provide a six hundred (600) sq. ft. landscaped area at the northeast comer of
the parcel (adjacent to the Goldenwest St. and Warner Ave. intersection) with a
six (6) ft. in lieu of a twenty (20) ft. minimum planter width.
♦ Staff's Recommendation:
Deny Conditional Use Permit No. 00-58 based upon the following:
- General Plan goals for high quality site planning and building design which
encourage the placement of buildings in proximity to street frontages to convey
a visual relationship to the street and sidewalks.
- Huntington Beach Zoning and Subdivision Ordinance (HBZSO) standards for
developments within General Commercial zoning districts that require front and
exterior side yards to be landscaped.
- Citywide Urban Design Guidelines for service stations that recommend; a) site
design for comer lots to convey a strong link to the street or comer, b) screening
of gas pump canopies by the main building and c) orienting the retail market
building segment of the facility towards the street frontage.
Deny Variance No. 00-17 based upon the following:
- General Plan policies which encourage the provision'of landscaped areas to
enhance the appearance of scenic highways and create a buffer between
building sites and the scenic highways.
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El
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There are no special circumstances applicable to the subject property. The
• project size and configuration are ideal for property redevelopment in
compliance with HBZSO requirements. The parcel's topography is relatively flat
with no location or surrounding development adverse conditions which could
affect its development.
The project can be redesigned and developed in compliance with code
requirements. Several similar properties within the City are subject to
compliance with the same code required landscape setbacks.
Staff made a presentation to the Commission.
THE PUBLIC HEARING WAS OPENED:
Richard Loyd, Chevron Corporation, 145 S. State College Blvd., Brea CA 92822, representing
the applicant provided a revised site plan without a reduced landscaping area variance
request. He discussed community partnership and praised the City's Urban Design
Guidelines. However, Mr. Loyd explained that Chevron does not build reverse layout service
stations. He cited reasons such as increased criminal activity and employee/patron safety,
and vehicular circulation and visibility problems. He outlined Chevron's plans to increase the
projects architectural detail and additional landscaping.
The Commission asked about the length of the corner setbacks, and its effect on the
• landscaping.
The Commission voiced concerns about the reverse layout design with regard to street
exposure, visual access for police, convenience market layout, and window schemes that
prevent outside visibility.
The Commission asked if the Chevron Corporation had any statistics on criminal activity in
neighboring cities that have reverse layout service stations.
Juan Garcia, Chevron Corporation, 145 S. State College Blvd., Brea CA 92822, stated that
reverse layout service stations can result in up to a 25% crime increase but did not provide any
factual statistics for consideration.
The Commission asked about the hours the convenience market could sell alcohol, suggesting
they prohibit sales between the hours of 12:00 a.m. and 6:00 a.m. The representative did not
object to the suggestion.
The Commission also inquired about signage, and where it would be located. The
representative responded that the Chevron signage would exist on a -separate monument, not
on the building itself.
NO ONE ELSE WAS PRESENT TO SPEAK AND THE PUBLIC HEARING WAS CLOSED.
Discussion ensued regarding the advantages and disadvantages of a reverse layout design.
• Staff mentioned that when buildings are placed along the street frontage, the building
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architecture becomes more prominent and contributes in the enhancement of the street scene.
Staff also stated that the Police Department endorsed staffs design because it meets the .
safety goals of the City.
The Commission asked if staff researched whether or not reverse layout service stations in
neighboring cities generate greater sales, and staff replied that they had done no research on
this issue.
Commission and staff discussed the goals of the City's Urban Design Guidelines at length. It
was mentioned that this is the first reverse layout design to be considered in Huntington
Beach, and that the design as proposed by staff provides a positive image because_ it focuses
attention on the building, not on the gas pump canopy and fueling islands.
Staff informed the Commission that the applicant did not provide them with any information on
revised site plan prior to the meeting, and requested time to review it before the Commission
made a decision on the project.
The Commission requested that staff research crime statistics further, and that a member of
the Police Department be present at the next meeting.
A MOTION WAS MADE BY SPEAKER, SECOND BY SHOMAKER, TO CONTINUE
CONDITIONAL USE PERMIT NO.00-58 ! VARIANCE NO.0047 TO THE MEETING OF
MARCH 13, 2001, BY THE FOLLOWING VOTE:
AYES: Kerins, Shomaker, Mandic, Kokal, Speaker .
NOES: Livengood
ABSENT: Hardy
ABSTAIN: None
MOTION PASSED
82. CONDITIONAL USE PERMIT NO.00-77 (,LIVE ENTERTAINMENT AT GIUSEPPE'S)•
Applicant: Michael P. Timmons Property Owner. Pac Pacific Request:. To permit live_
entertainment (karaoke, light jazz) at an existing 3,000 sq. ft. •restaurant and bar
Location: 5874 Edinger (southwest comer of Edinger and Springdale) Pro ect
Planner: Sandra Thornton
i Conditional Use Permit No. 00-77 request:
- Permit live entertainment (karaoke and light jazz) at an existing 3,300 square
foot restaurant and bar.
Staffs Recommendation:
Approve Conditional Use Permit No. 00-77 based upon the following:
- Proposed live entertainment provides additional entertainment and services to
the citizens of Huntington Beach; with conditions imposed, restaurant use will
not impact surrounding properties.
- Separated from residential uses by buffer. •
- No anticipated adverse noise impacts.
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- No history of code enforcement complaints or noise violations at the site.
- Request is supported by Police Department.
Staff made a presentation to the Commission.
THE PUBLIC HEARING WAS OPENED:
Nancy Gorak, 16151 Fairway Lane, Huntington Beach, CA 92649, voiced concerns about
noise from music and karaoke, and questioned whether or not the business would keep it's
doors closed during the hours of entertainment to help reduce noise.
NO ONE ELSE WAS PRESENT TO SPEAK AND THE PUBLIC HEARING WAS CLOSED.
The Commission questioned the hours of live entertainment. Staff replied that the proposed
hours are consistent with other live entertainment uses in the City.
The Commission also suggested that the public report any complaints outside of criminal
activity to Code Enforcement.
A MOTION WAS MADE BY SPEAKER, SECOND BY SHOMAKER, TO APPROVE
CONDITIONAL USE PERMIT NO.00-77 WITH FINDINGS AND CONDITIONS OF
APPROVAL, BY THE FOLLOWING VOTE:
• AYES:
Kerins, Shomaker, Mandic, Kokal, Speaker
NOES:
None
ABSENT:
Hardy
ABSTAIN:
Livengood
MOTION PASSED
FINDINGS AND CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.00-77
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The Planning Commission finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15301 of the CEQA Guidelines, which states that operation and
minor alteration to existing structures involving negligible or no expansion are exempt from
further environmental review.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.00-77•
1. Conditional Use Permit No. 00-77 for establishment of live entertainment at an existing
restaurant and bar will not be detrimental to the general welfare of persons working or
residing in the vicinity or detrimental to the value of,the property and improvements in the
neighborhood. With the conditions imposed, the proposed restaurant use will not create
• adverse noise or parking impacts to the surrounding businesses and residents.
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2. The live entertainment at an existing restaurant and bar will be compatible with surrounding
uses. The restaurant will be required to comply with strict conditions of approval imposed •
by the Planning Commission, Alcoholic Beverage Control (ABC), and Huntington Beach
Police Department to assure impacts to surrounding properties are minimized.
3. The live entertainment at an existing restaurant and bar will comply with the provisions of
the base district and other applicable provisions in Titles 20-25 of the Huntington Beach '
Zoning and Subdivision Ordinance., Live entertainment at an existing restaurant/bar is- -
permitted within the Commercial General zoning designation and the use complies with
parking requirements.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Commercial General on the subject
property. In addition it complies with the following objectives and goals of the General
Plan:
Objective LU 1.1 Provide for the timing of residential, commercial, and industrial
development coincident with the availability of adequate market demand to ensure
economic vitality.
Goal LU 10 Achieve the development of a range of commercial uses.
Objective LU 10.1 Provide for the continuation of existing and the development of a
diversity of retail and service commercial uses that are oriented to the needs of local •
residents, serve the surrounding region, 'serve visitors to the City, and capitalize on
Huntington Beach's recreational resources.
The proposed live entertainment will allow Giuseppe's to compete with other restaurants
and bars that offer music and related activities. Approval of the request will add to the
range and diversity of uses and services offered to Huntington Beach citizens and will also
serve to draw visitors to the establishment.
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.00-77:
1. The site plan received and dated December 14, 2000 and floor plans received and dated
January 25, 2001 shall be the conceptually approved layout.
2. Prior to commencing live entertainment activities; a copy of*the approved Entertainment
Permit, as issued by the Police Department, shall be submitted to the Planning
Department.
3. The use shall comply with the following:
a. All conditions of the Entertainment Permit as approved by the Police Department.
b. All alcoholic beverage servers'shall attend either a "LEADS" training provided by.the
- State Alcoholic Beverage Control, 28 Civic Center Plaza #369, Santa Ana, CA 92701;
or a "Responsible Beverage Control" training provided by the Community Service •
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Program, 12668 Hoover St., Garden Grove, CA 9284. A file will be maintained on the
. premises documenting employee's completion of such training, and made available to
the Police Department upon demand. (PD)
c. There shall be no line formation or queuing of customers at the entrance of the
restaurant/bar.
4. A review of the use shall be conducted by staff within six (6) months of the issuance of
Certificate of Occupancy to verify compliance with all conditions of approval and applicable
Chapters of the Huntington Beach Zoning & Subdivision Ordinance.
5. The Planning Director ensures that all conditions of approval herein are complied with.
The Planning Director shall be notified in writing if any changes to the site plan, elevations
and floor plans are proposed as a result of the plan check process. Building permits shall
not be issued until the Planning Director has reviewed and approved the proposed
changes for conformance with the intent of the Planning Commission's action and the
conditions herein. If the proposed changes are of a substantial nature; an amendment to
the original entitlement reviewed by the Planning Commission may be required pursuant to
the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 00-77 shall not become effective until the ten working day
appeal period has elapsed.
• 2. Conditional Use Permit No. 00-77 shall become null and void unless exercised within one
year of the date of final approval which is February 27, 2002, or such extension of time as
may be granted by the Director pursuant to a written request submitted to the Planning
Department a minimum 30 days prior to the expiration date.
3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 00-77,
pursuant to a public hearing for revocation, if any violation of these conditions or the
Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs..
4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid
prior to the issuance of Building Permits.
5. The development shall comply with all applicable provisions of the Municipal Code,
Building Division, and Fire Department as well as applicable local, State and Federal Fire
Codes, Ordinances, and standards, except as noted herein.
6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
7. The applicant shall submit a check in the amount of $43.00 for the posting of the Notice
of Exemption at the County of Orange Clerk's Office. The check shall be made out to the
County of Orange and submitted to the Planning Department within two (2) days of the
Planning Commission's action.
•
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8. All signs shall conform to the HBZSO. _Prior to installing any new signs, or changing sign
faces, a building permit shall be obtained from the Planning Department. •
9. State -mandated school impact fees shall be paid prior to issuance of building permits.
10. An encroachment permit shall be required for all work within the right-of-way. (PW)
11. A Certificate of Occupancy must be issued by the Planning Department and Building and
Safety Department prior to occupying the building.
C. CONSENT CALENDAR
C-1 PLANNING COMMISSION MINUTES DATED JANUARY 23 2000
A MOTION WAS MADE BY KERINS, SECOND BY SHOMAKER, TO APPROVE PLANNING
COMMISSION MINUTES DATED JANUARY 23, 2001, BY THE FOLLOWING VOTE:
AYES:
Kerins, Shomaker, Livengood, Kokal, Speaker
NOES:
None
ABSENT:
Hardy
ABSTAIN:
Mandic
MOTION PASSED
D. NON-PUBLIC HEARING ITEMS
None.
E. PLANNING COMMISSION ITEMS
E-1 PLANNING COMMISSION COMMITTEE REPORTS
Vice Chairperson Shomaker reported that she and Commissioner Speaker attended a
meeting to discuss the Tsunami Restaurant expansion and valet parking conditions. -
Representatives for Tsunami Restaurant and Lotus Lounge, former Council Member
Dave Sullivan and City staff were all in attendance. Issues regarding valet parking,
noise, trash disposal and the responsibility of the entire center were discussed.
Chairperson Mandic reported that she and Vice Chairperson Shomaker had their first
monthly meeting with Mayor Pam Julien Houchen to discuss projects currently before
the Planning Commission for review and consideration.
0
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E-2 PLANNING COMMISSION INQUIRIES/COMMENTS
• Commiss
ioner Hardy —Absent.
Commissioner Kerins — Asked if the City had an ordinance that outlined acceptable
colors for signage, and if so, are all businesses subject to the guidelines. Staff replied
that only those businesses subject to Design Review are subject to review of proposed
colors.
Commissioner Kerins also inquired if the Planning Commission could refer the Chevron
Station project to the Design Review Board for review and approval. Staff replied yes.
Commissioner Shomaker — None.
Commissioner Mandic - commented on the poor condition of the tennis courts located
at Saybrook and Heil. Staff informed Chairperson Mandic that the School District owns
the property, and that staff will follow up with more information.
Commissioner Livenaood — requested that a copy of the Planning Commission Goals
& Objectives be included within the Planning Commission meeting binders.
Commissioner Kokal — commented on the site visit to the Huntington Central Park
Equestrian Center on Friday, February 23rd, and on water quality concerns.
0 Commissioner Speaker— None.
F. PLANNING ITEMS
F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
Scott Hess, Principal Planner, restated actions taken at the February 20, 2001 City
Council meeting.
F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING
Herb Fauland, Senior Planner- reviewed the items for the March 13, 2001 Planning
Commission meeting.
G. ADJOURNMENT: Adjourn to the next regularly scheduled Planning Commission
meeting of March 13, 2001.
HZ:HF:d
AP VED BY:
/IovtArd Zelefs y, ecretary
Connie Mandic, Chai person
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